Anti-Bribery and Corruption (Personal and Corporate Liability – Awareness and Compliance

Course Objectives

• Understand background, structure and intent of Malaysian Anti-Corruption Act 2009, particularly S.17A.
• Interpret the requirements for ‘adequate procedures’ as per MACC Act 2009 based on the principles of T.R.U.S.T
• Understand and learn methods of conducting due diligence within the parameters of legal provisions
• Ability to identify existing / potential ethical conduct within the organization or emanating from 3rd party engagement, which may have an impact on Business Continuity activities
• Legal Impact(s) due to ineffective management of unethical business conduct.
• Define malpractices & Spotting The Red Flags during the course of hiring, sourcing and contract management and also Account Payables
• Describe the Plan-Do-Check-Act management system and how it relates Adequate Procedures
• Understand about Pre-Employment Screening & Whistle-Blowing
• Understand Malpractices Detection & Profile Auditing
• Obtaining, collation and preservation of Digital Evidence.

Target Audience

• Anyone involved in managing corporate governance and integrity practices of the organisation
• Anyone involved in contracting of any kind, especially holding a portfolio for evaluating and sourcing for suppliers, contractors, etc. Whether a team member, project manager, or executive.

Methodology

• Highly Interactive Session, with a bilateral approach to the subject matter allowing participants to share incidences at respective work locations.
• Breakout Sessions
• Virtual Learning / Classroom Face To Face Session
• Case Studies on various reported Cases
• Ice Breaking / Monotony Breaking Sessions – Purpose of rejuvenating the mind

Course Modules

• MODULE 1: Fundamentals on MACC Act 2009 – Strategic Values

  • Laws and Standards governing Ethics, Bribery & Corruption

              – MACC Act 2009

              – Evidence Act 1950

              – Employment Act 1955

              – Contracts Act 1950

              – Competition Act 2010

              – National Anti-Corruption Plan (NACP)

   

  MODULE 2: Common Commercial Crimes

  • Misconduct
  • Misappropriation of Assets
  • Bribery and Corrupt Practices

  Case Studies

   

  • Definition of Integrity
  • Business Integrity
  • Professional Integrity

   

  MODULE 3: Criminology and Corrupt Practices

  • Bribery and Corruption Triangle

  Case Studies

   

  • Definition Bribery & Corruption
  • Definition of False Claim

  Case Studies

   

  MODULE 4: Guideline and Implementation of No Consent Requirement & Adequate Procedures To Support Requirements of MACC Act 2009 (S. 17A)

   

  • Definition of Corporate Liability and the relevant punishments stipulated in Section 17A MACC Act 2009
  • Defences under S.17A
  • No Consent
  • Exercise of Due Diligence To Prevent Bribery
  • Adequate Procedures
  1. Commercial Organisation to have adequate procedures in place based on the Guidelines on Adequate Procedures issued by the Prime Minister’s Office

   

  MODULE 5: Guidelines on Adequate Procedures Encompass The Following

  • Principles of T.R.U.S.T
  • Top Level Commitment
  • Risk Assessment & Management
  • Undertaking Control Measures
  • System Review, Monitoring & Enforcement
  • Training & Communication

   

  MODULE 6: Points To Consider in Developing and Implementing Anti Bribery and Compliance Programme (An overview of Framework)

  • Top Down Exercise – Management Support
  • Due Diligence and Risk Management
  • Investigation
  • Policy
  • Suppliers, Vendors and Contractors Management
  • Selection
  • Service Management
  • Performance Management and Consequence Management
  • Communication
  • Internal Controls and documentation
  • Communication and training
  • Promoting and incentivizing ethics and compliance
  • Seeking guidance – Detecting and reporting violations
  • addressing violations
  • Periodic reviews and evaluation of the anti-corruption programme

   

  MODULE 7: Improving Ethical Behavior in Business (An Overview)

  • 3 Key Elements that Influences Ethical / Unethical Decisions in an Organization
  • Individual Standards & Values
  • Managers & Co- Workers Influence
  • Opportunity (Codes & Compliance Requirements)
  • Corporate Governance (Organizational Policy)
  • HR Policies (Employee Relations & Code of Ethics)
  • Whistleblowing ( Whistle-blower Protection Act 2010)
  • Standard Operating Procedures (SOP) Compliance in line with Business Ethics and Red Flags
  • Joint Responsibility Approach
  • Compliance to related regulations, laws and standards.